USPTO Patents Application 09870801

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ARTHROCARE CORPORATION.,
Plaintiff,

V.

SMITH & NEPHEW, INC.,
Defendant .

Civil Action No. 01 -504 -SLR

MEMORAiroUM ORDER

At Wilmington this 9th day of April, 2003, having heard oral
argument and having reviewed papers submitted in connection
therewith;

IT IS ORDERED that the disputed claim language in United
States Patent Nos. 5,697,536; 5,697,882; and 6,224,592, as
identified by the above referenced parties, shall be construed as
follows, consistent with the tenets of claim construction set
forth by the United States Court of Appeals for the Federal
Circuit:^

^The court notes that claim construction is not final until
judgment is entered. The parties apparently developed their
claim construction with a focus on obtaining summary judgment of
infringement or invalidity. If, on a more developed record, the
court finds the ciirrent claim construction to be in error, the
claims will be re-constirued accordingly.

1. ^Connector

The court shall apply the ordinary definition of the word
"connector." The word connect means '^to bind or fasten together;
join or unite; linklJ"^ The word "connector," in terms of the
*536 patent, shall be constirued to mean "a structure that
electrically links the electrode terminal to the high frequency
power supply."

2. ^Electrically Conducting Fluid Supply-"
Consistent with the prosecution history, the phrase

"electrically conducting fluid supply" shall be construed to mean

"a medical container that stores electrically conducting fluid."

(D-I. 267, Ex. 10 at 4-5) An example of a medical container is

an IV bag. An example of electrically conducting fluid is

isotonic saline. ( Id. )

4» ^Spacing a Return Electrode Away Prom the Body
structure*' €md ^the Return Electrode is Not in
Contact with the Body Structure."

The claim limitation "the return electrode is not in contact

with the body structure" is clear - the return electrode is not

to contact the body at all during the performance of the claimed

method.

^he Random House College Dictionary > 285 (revised ed.
1980).

5. "Electrically Conducting Fluid" and "^Blectrically
Conductive Fluid*"

Consistent with the ordinary definition, ^'electrically

conducting fluid" and ''electrically conductive fluid" shall be

construed to mean ''any fluid that facilitates the passage of

electrical current." Examples of electrically conducting fluids

are blood and saline •

6* ^Directing or Delivering the Electrically
Conductive Fluid to the Target Site«"

This phrase shall be construed consistent with its ordinary
meaning; no further construction is necessary.
7. ^Electrode Terminal."

Consistent with the intrinsic evidence of the patents in
suit, "electrode terminal" means **one or more active electrodes i"
8* ^Active Electrode."

The court shall apply the ordinary definition of the term
'^active electrode" in the relevant art. The term "active
electrode" means '^a stimulating electrode . . • applied to tissue
for stimulation and distinguished from [a return electrode] by
having a smaller area of contact, thus affording a higher current
density."^

^ The New IEEE Standard Dictionaary of Electrical and
Electronics Terms , 13 (5th ed. 1993) .

3

9- ^Return Electrode."

As contrasted with an active electrode, the term "return
electrode" means "an electrode having a larger area of contact
than an active electrode, thus affording a lower current
density,

10. ^Insulating Member."

The court shall apply the ordinary definition of the phrase
^insulating member/" Thus, the phrase "insulating member" shall
be construed to mean "a member which provides a high degree of
resistance to the passage of charge."

11. «500 to 1400 Volts Peak to Peak."

This phrase shall be construed consistent with its ordinary
meaning; no further construction is necessaiy^

12. ^Through the Region of the Target Site."

This phrase shall be construed consistent with its ordinary
meaning; no further construction is necessairy-

13. ^Immersing."

The court shall apply the ordinary definition of the term
"immersing." The term "immersing" shall be construed to mean "to
plunge into or place under a fluid[.]"^

*The court notes that the area of contact in the present
invention contacts the electrically conductive fluid. In the
prior art, the area of contact contacted the body •

^The Ran dom House College Dictionary . 664 (revised ed.
1980) .

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14. **Blectrosurgical System."

The court shall apply the ordinary definition of the term
"system." The term "system" shall be construed to mean "an
assemblage or combination of things or parts forming a unitary
whole[. J"^

The court shall apply the ordinary definition of the terms
^distal" and **proximal . " The term "distal end" shall be
construed to mean "the end situated away from the point of origin
or attachment."^ The term "proximal end" shall be construed to
mean "the end situated toward the point of origin or
attachment . "®

^The Random House College Dictionary . 1335 (revised ed.
1980) .

'See The Random House College Dictionary . 385 (revised ed.
1980) .

®See The Random House College Dictionary . 1066 (revised ed.
1980) .

15. ^Distal End" and ^Proximal End."

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